Philippe Bruno has more than 25 years of experience in counseling and representing U.S. and foreign producers, exporters and importers in a wide range of administrative proceedings before the U.S. government and its agencies, as well as before governmental institutions of foreign countries, including the European Commission, Canada, Brazil and China. His practice includes:
· Intellectual property investigations (Section 337) before the U.S. International Trade Commission;
· Investment-related representation before the Committee on Foreign Investment in the U.S.;
· Antidumping and countervailing duty investigations before the U.S. Department of Commerce (dumping/subsidies) and the U.S. International Trade Commission (injury) as well as administrative reviews, suspension agreements, sunset, circumvention and revocation proceedings;
· Antidumping and countervailing duty proceedings before the relevant authorities of the European Union, China, Canada and Brazil;
· Appeals before the U.S. Court of International Trade, the Court of Appeals for the Federal Circuit, the U.S. Supreme Court and the European Court of Justice; and
· Dispute settlement proceedings before the World Trade Organization (WTO).
Philippe also advises U.S. exporters on global strategies for resolving trade and investment policy issues and gaining access to new markets under regional bilateral and multilateral trade agreements including: customs/trade compliance; appeals to the appropriate administrative and judicial local authorities; national treatment claims; and expropriation, investment, and procurement discrimination under NAFTA and the International Center for the Settlement of International Disputes (ICSID) of the World Bank.
Areas of Concentration
· Global trade and investment
· Governmental affairs
· Intellectual property
Professional & Community Involvement
· Member, American Bar Association
Awards & Recognition
· Listed, Chambers Global, International Trade: Trade Remedies & Trade Policy, 2012-2013
· Listed, Chambers USA Guide, 2010-2013
· Listed, Guide to the World's leading International Trade Lawyers, 2010
· Recipient, French Government Scholarship for Completion of Doctorate Thesis
· Rated, AV Preeminent® 5.0 out of 5
· In the Matter of Certain Hair Irons and Packaging Thereof (2008). Lead counsel to U.S. complainant in trademark infringement action. This case resulted in a general exclusion order.
· In the Matter of Certain Endodontic Instruments (2008). Lead counsel to French respondent in infringement action involving two patents. Action terminated by Plaintiff during discovery.
· In the Matter of Certain Laminated Floor Panels (2006). ITC counsel to six Chinese and Korean respondents in infringement action involving three patents.
· In the Matter of Certain Gun Barrels Used in Firearms Systems (2004). Lead counsel to one Swiss respondent in infringement action involving one patent. This case was terminated based on a settlement.
· In the Matter of Certain Bearings and Packaging Thereof (2002). Lead counsel to one Canadian respondent in action involving grey market imports. This case was terminated based on a settlement.
· In the Matter of Certain Watercraft and Components Thereof (2002). ITC counsel to Canadian respondent in one of the largest infringement actions ever brought, involving eleven patents. This case was terminated based on a settlement.
· Represented major companies from the United States, Asia, Europe, and South America in antidumping investigations related to steel, ferroalloys, electronics, chemicals and consumer products.
· Ferrosilicon From Brazil (2000). Obtained on behalf of the Brazilian ferrosilicon industry, the rescission of the antidumping duty order based on antitrust grounds in a landmark decision by the U.S. International Trade Commission.
· Certain Carbon Steel Plates from South Africa (2001). Obtained on behalf of South Africa steel producers, the sunset review and the termination of the suspension agreement concerning carbon steel plates.
· Received the revocation of antidumping duty orders by the U.S. Department of Commerce based on three successive findings of no dumping for several U.S. and foreign importers/exporters.
· Celanese Chemicals Ltd. v. United States (2007). Lead counsel to U.S. petitioner in its antidumping action against Taiwan. Awarded the appeal of a preliminary negative injury determination before the U.S. Court of International Trade and subsequent remand proceeding before the U.S. International Trade Commission.
· Elkem Metals Company v. United States and Rima Industrial S/A (2006). Obtained a major decision by the U.S. Court of Appeal for the Federal Circuit in an appeal from the Court of International Trade relating to the treatment of value added tax for dumping purposes.
Publications & Presentations
Articles, Lectures & Publications
· Author, "The EU seeks Strengthening of Safe Harbor Rules," GT Alert, August 28, 2013
· Author, "Mercosur: A Common Market in the Making?" Export Today Magazine, September 1993
· Author, "The New EC Environmental Framework for Packaging," Export Today Magazine, March 1993
· Author, "Getting Your Goods Through EC Customs," Export Today Magazine, January 1993
· Author, "Sales Alternatives and Requirements for Operating in the EC Unified Market," Export Today Magazine, May 1992
· Author, "EEC Trade Agreements With Middle Eastern Countries," Middle East Executive Reports, January 1981
· Speaker, "Strategies for Competing More Effectively in the Americas," Chamber of Commerce of Iowa, Spring 2003
· Speaker, "Environment and Trade: The U.S.-Chile Free Trade Agreement," Ecology and Environment, Inc., New York, Summer 2003
· Speaker, "The Standard of Review for Appeals of Trade Determinations by the Court of Appeals for the Federal Circuit," Judicial Conference, the Federal Circuit Bar Association, Greenbrier, Summer 2000
· Speaker, "Regional Integration in the Americas: NAFTA, Mercosul, the Free Trade Agreement of the Americas," MISSION'S Conference on Mercosul, Sao Paulo, Brazil, Spring 1997
· Speaker, "The Globalization of the Rules Relating to International Trade," MISSION's Conference for Companies' Executives, Sao Paulo, Brazil, Fall 1997
· Speaker, "Regional Integration in the Americas: Mercosur," American Bar Association, Outlook 2000: Legal Horizons for U.S. Exporters, Minneapolis, MN, Fall 1996
· Speaker, "Antidumping Laws as a Means to Manage Trade in the Ferro-Alloy Industry," Platt's Metals Week Ferroalloys Conference, Phoenix, AZ, Fall 1995
· Speaker, "U.S. and European Antidumping Practice," FIESP (Federation of Industries of the State of Sao Paulo), Spring 1995
· Speaker, "How to Answer an Antidumping Questionnaire," China Chamber of Commerce, Chemicals and Minerals, Winter 1995
· Speaker, "Legal Consequences of the GATT Uruguay Round for Brazilian Exporters," ABRAFE (Brazilian association of ferroalloy producers), Winter 1994
· Speaker, "EC Antidumping Law," ABIFA (Brazilian association of cast iron producers), Spring 1992
· Lecturer, European and Civil Law, University of Grenoble, Grenoble, France, 1980-1982